Bill Text: OR HB3259 | 2013 | Regular Session | Introduced
Bill Title: Relating to crime; appropriating money; declaring an emergency.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3259 Detail]
Download: Oregon-2013-HB3259-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3100
House Bill 3259
Sponsored by Representative HICKS; Representative WHISNANT
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Gives sentencing court authority to set conditions and sanction
persons on post-prison supervision.
Requires Department of Corrections to prepare inmate release
plan 90 days before release and allows department to base
transitional leave on release plan.
Directs Department of Corrections to establish Recidivism
Reduction Program.
Appropriates moneys to department for program and for
distribution to counties through program based on total number of
months of prison sentences within county.
Reduces penalties for possession, distribution and manufacture
of marijuana and for felony criminal driving while suspended or
revoked.
Allows person on probation or post-prison supervision to earn
reductions in term of supervision.
Allows parole and probation officers to modify probation
conditions imposed by sentencing court based on risk and needs
assessment.
Requires supervisory authorities to report recidivism rates to
Oregon Criminal Justice Commission.
Requires Oregon Department of Administrative Services to
publish additional information relating to prison population
forecasts.
Requires Legislative Fiscal Officer to calculate fiscal impact
of legislation relating to corrections or crime for next 10
years.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to crime; creating new provisions; amending ORS 137.540,
137.630, 144.087, 144.096, 144.101, 173.029, 182.515, 182.525,
184.351, 421.168, 475.900 and 811.182; repealing ORS 144.085;
appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
POST-PRISON SUPERVISION BY SENTENCING COURT + }
SECTION 1. { + (1) Notwithstanding ORS 137.124 or 423.478 or
any other provision of law, but subject to subsection (2) of this
section, the court that enters a judgment of conviction in a
criminal action retains authority after entry of the judgment:
(a) To impose conditions of post-prison supervision in addition
to the conditions imposed pursuant to ORS 144.102;
(b) Subject to section 2 of this 2013 Act, to issue a warrant
and cause a defendant to be arrested for violating any of the
conditions of post-prison supervision;
(c) To determine whether conditions of post-prison supervision
have been violated, and to impose sanctions for the violations
consistent with ORS 144.106 and 144.407; and
(d) To cause a defendant to be brought before the court for a
hearing upon the court's own motion before the imposition of any
administrative sanctions under ORS 144.106, or within four
judicial days after receiving notice that an administrative
sanction has been imposed, and to impose such other or additional
sanctions or modify the conditions of post-prison supervision as
authorized by law.
(2) A sentencing court may not cause a defendant to be brought
before the court for violating a condition of post-prison
supervision and impose other or additional sanctions if
administrative sanctions for the violation have been imposed
pursuant to ORS 144.106 and the defendant has complied with all
conditions of those sanctions.
(3)(a) If the county in which the defendant is serving the term
of post-prison supervision is different from the county in which
the defendant was convicted, the sentencing court shall transfer
the authority retained under subsection (1) of this section to
the presiding judge of the circuit court of the judicial district
in the county in which the defendant is serving the term of
post-prison supervision.
(b) The presiding judge of the circuit court of the judicial
district in the county in which the defendant is serving the term
of post-prison supervision shall assign the supervision of the
defendant to a judge within that court. The new supervising judge
may impose conditions of post-prison supervision and determine
violations and sanctions as provided in subsection (1) of this
section.
(c) The sentencing court shall send to the new supervising
judge all of the records of the court as to the offense and
criminal record of the defendant and a copy of the release plan
prepared pursuant to ORS 144.096. + }
SECTION 2. { + (1) Whenever a court issues a warrant and
causes a defendant to be arrested for violating the conditions of
post-prison supervision, and the defendant is taken into custody,
the defendant shall be brought before a magistrate during the
first 36 hours in custody, excluding Saturdays, Sundays and
holidays. The magistrate may order the defendant held until a
violation hearing is held, or may release the defendant upon the
condition that the defendant appear in court at a later date for
a hearing.
(2) Except for good cause shown, if the defendant is held in
custody and the violation hearing is not conducted within 14
calendar days following the defendant's arrest, the defendant
shall be released from custody.
(3) The defendant may admit or deny the violation and may
present evidence at the hearing.
(4) If the court finds by a preponderance of the evidence that
the defendant has violated the conditions of post-prison
supervision, the court may sanction the defendant subject to the
rules adopted pursuant to ORS 144.407. + }
SECTION 3. { + Sections 1 and 2 of this 2013 Act apply to
defendants who are convicted of crimes committed on or after the
effective date of this 2013 Act. + }
SECTION 4. ORS 144.096 is amended to read:
144.096. (1)(a) The Department of Corrections shall prepare a
proposed release plan for an inmate prior to the inmate's release
from prison.
(b) The department shall submit the proposed release plan to
the State Board of Parole and Post-Prison Supervision not less
than { - 60 - } { + 90 + } days prior to the inmate's
release.
(c) If the proposed release plan is not approved by the board,
the board shall return the plan to the department with its
recommended modifications. The department shall submit a revised
plan to the board not less than { - 10 - } { + 60 + } days
prior to the inmate's release.
(d) If the revised plan is not acceptable to the board, the
board shall determine the provisions of the final plan prior to
the inmate's release.
{ + (e) The board shall provide a copy of the release plan
prepared under this subsection to the sentencing court. + }
(2) The local supervisory authority that is responsible for
correctional services for an inmate shall prepare a proposed
release plan for the inmate prior to the inmate's release from
jail. The local supervisory authority shall approve the release
plan under its rules { + and shall provide a copy of the release
plan prepared under this subsection to the sentencing court + }.
(3) A release plan prepared under subsection (1) or (2) of this
section must include:
(a) A description of support services and program opportunities
available to the inmate;
(b) The recommended conditions of post-prison supervision;
(c) The level of supervision that shall be consistent with the
inmate's risk assessment classification;
(d) Any other conditions and requirements as may be necessary
to promote public safety;
(e) For all inmates whose sentence to make restitution under
ORS 137.106 has been suspended for the term of imprisonment, a
restitution payment schedule; and
(f) Any conditions necessary to assist the reformation of the
inmate.
SECTION 5. ORS 144.101 is amended to read:
144.101. (1) The State Board of Parole and Post-Prison
Supervision has jurisdiction over imposition of conditions of
post-prison supervision and sanctioning for violations of those
conditions for a person convicted of a felony if:
(a) The term of imprisonment imposed on the person is more than
12 months;
(b) The felony is classified as crime category 8, 9, 10 or 11
of the sentencing guidelines grid of the Oregon Criminal Justice
Commission;
(c) The person is subject to a sentence under ORS 137.700 or
137.707;
(d) The person is sentenced as a dangerous offender under ORS
161.725 and 161.737;
(e) The person is subject to a term of post-prison supervision
under ORS 144.103;
(f) The person is committed to the custody of the Department of
Corrections under ORS 137.124;
(g) The responsibility for correctional services for the person
has reverted to the department under ORS 423.483; or
(h) No local supervisory authority is responsible for
correctional services for the person under the laws of this
state.
(2) Except as provided in subsection (1) of this section, a
local supervisory authority has jurisdiction over imposition of
conditions of post-prison supervision and sanctions for
violations of those conditions for a person sentenced to a term
of imprisonment of 12 months or less.
(3) If a local supervisory authority imposes conditions of
post-prison supervision or sanctions for violations of those
conditions, the person may request the board to review the
conditions or sanctions. The board shall review the request and
may, at its discretion, review the conditions and sanctions,
under rules adopted by the board.
(4) Nothing in this section affects the jurisdiction of the
board over imposition of conditions of parole and sanctioning for
violations of those conditions.
{ + (5) Nothing in this section affects the authority that
the sentencing court retains as provided in section 1 of this
2013 Act. + }
{ +
TRANSITIONAL LEAVE + }
SECTION 6. ORS 421.168 is amended to read:
421.168. (1) The Director of the Department of Corrections
shall establish by rule a short-term transitional leave program.
The program shall provide inmates with an opportunity to secure
appropriate transitional support when necessary for successful
reintegration into the community prior to the inmate's discharge
to post-prison supervision.
(2) An inmate may submit a transition plan to the Department of
Corrections. The plan shall indicate that the inmate has secured
an employment, educational or other transitional opportunity in
the community to which the offender will be released and that a
leave of up to 30 days is an essential part of the offender's
successful reintegration into the community.
(3) Upon verification of the inmate's transition plan { + or
upon completion of the final release plan required by ORS 144.096
(1) + }, the department may grant a transitional leave no more
than 30 days prior to the inmate's discharge date.
(4) No inmate shall be eligible for transitional leave before
having served six months of prison incarceration.
(5) The department shall establish by rule a set of release
conditions for offenders released on transitional leave status.
An offender on transitional leave status shall be subject to
immediate return to prison for any violation of the conditions of
release.
(6) The provisions of this section do not apply to inmates
whose sentences were imposed under ORS 137.635.
{ +
RECIDIVISM REDUCTION PROGRAM + }
SECTION 7. { + (1) As used in this section, 'supervisory
authority' has the meaning given that term in ORS 144.087.
(2)(a) Subject to available funds, every county shall establish
an evidence-based program for reducing recidivism for inmates
within the county that were released from the legal and physical
custody of the Department of Corrections.
(b) Counties may enter into intergovernmental agreements
pursuant to ORS 190.010 for the purpose of establishing a program
for reducing recidivism.
(3)(a) Every county shall keep a record of the sentences of
defendants committed to the legal and physical custody of the
department during each calendar year.
(b) Beginning July 1, 2014, and each year thereafter, every
county shall calculate the total number of months of the
sentences of all defendants committed to the legal and physical
custody of the department during the preceding year and report
that total to the department.
(c) Before July 1, 2014, every county shall calculate the total
number of months of the sentences of all defendants sentenced to
the legal and physical custody of the department during the
calendar years 2010, 2011 and 2012 and provide that total to the
department.
(4) The department shall establish the Recidivism Reduction
Program. The department shall adopt rules under this section
including but not limited to:
(a) Minimum requirements for county recidivism reduction
programs in order to qualify for funds under the program.
(b) Guidelines for payment of funds to counties, subject to the
following conditions:
(A) Funds shall be initially proportioned among the counties
according to population;
(B) Forty-five percent of the funds appropriated to the
department for the Recidivism Reduction Program shall be
distributed to counties before June 30, 2014; and
(C) Beginning July 1, 2014, funds shall be distributed pursuant
to subsection (5) of this section.
(5) The department shall base payment of funds to counties on
the reports of the total number of months of the sentences of all
defendants committed to the legal and physical custody of the
department during the preceding year provided by counties under
subsection (3) of this section as follows:
(a) If a county's sentence month total is less than the average
of the sentence month total for the years 2010, 2011 and 2012,
the county shall receive a two percent increase in funds for each
one percent decrease in sentence month total, up to a 10 percent
increase in funds.
(b) There will be no decrease in funds for counties if the
sentence month total is the same as or higher than the average of
the sentence month total for the years 2010, 2011 and 2012. + }
SECTION 8. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Department of
Corrections, for the biennium beginning July 1, 2013, out of the
General Fund, the amount of $____, which may be used only for the
purpose of implementing the Recidivism Reduction Program
established under section 7 of this 2013 Act and distribution of
funds to counties under that program. + }
{ +
SENTENCING MODIFICATIONS + }
SECTION 9. ORS 475.900 is amended to read:
475.900. (1) A violation of ORS 475.752, 475.806 to 475.894,
475.904 or 475.906 shall be classified as crime category 8 of the
sentencing guidelines grid of the Oregon Criminal Justice
Commission if:
(a) The violation constitutes delivery or manufacture of a
controlled substance and involves substantial quantities of a
controlled substance. For purposes of this paragraph, the
following amounts constitute substantial quantities of the
following controlled substances:
(A) Five grams or more of a mixture or substance containing a
detectable amount of heroin;
(B) Ten grams or more of a mixture or substance containing a
detectable amount of cocaine;
(C) Ten grams or more of a mixture or substance containing a
detectable amount of methamphetamine, its salts, isomers or salts
of its isomers;
(D) One hundred grams or more of a mixture or substance
containing a detectable amount of hashish;
{ - (E) One hundred and fifty grams or more of a mixture or
substance containing a detectable amount of marijuana; - }
{ - (F) - } { + (E) + } Two hundred or more user units of a
mixture or substance containing a detectable amount of lysergic
acid diethylamide;
{ - (G) - } { + (F) + } Sixty grams or more of a mixture or
substance containing a detectable amount of psilocybin or
psilocin; or
{ - (H) - } { + (G) + } Five grams or more or 25 or more
pills, tablets or capsules of a mixture or substance containing a
detectable amount of:
(i) 3,4-methylenedioxyamphetamine;
(ii) 3,4-methylenedioxymethamphetamine; or
(iii) 3,4-methylenedioxy-N-ethylamphetamine.
(b) The violation constitutes possession, delivery or
manufacture of a controlled substance and the possession,
delivery or manufacture is a commercial drug offense. A
possession, delivery or manufacture is a commercial drug offense
for purposes of this subsection if it is accompanied by at least
three of the following factors:
(A) The delivery was of heroin, cocaine, hashish,
{ - marijuana, - } methamphetamine, lysergic acid
diethylamide, psilocybin or psilocin and was for consideration;
(B) The offender was in possession of $300 or more in cash;
(C) The offender was unlawfully in possession of a firearm or
other weapon as described in ORS 166.270 (2), or the offender
used, attempted to use or threatened to use a deadly or dangerous
weapon as defined in ORS 161.015, or the offender was in
possession of a firearm or other deadly or dangerous weapon as
defined in ORS 161.015 for the purpose of using it in connection
with a controlled substance offense;
(D) The offender was in possession of materials being used for
the packaging of controlled substances such as scales, wrapping
or foil, other than the material being used to contain the
substance that is the subject of the offense;
(E) The offender was in possession of drug transaction records
or customer lists;
(F) The offender was in possession of stolen property;
(G) Modification of structures by painting, wiring, plumbing or
lighting to facilitate a controlled substance offense;
(H) The offender was in possession of manufacturing
paraphernalia, including recipes, precursor chemicals, laboratory
equipment, lighting, ventilating or power generating equipment;
(I) The offender was using public lands for the manufacture of
controlled substances;
(J) The offender had constructed fortifications or had taken
security measures with the potential of injuring persons; or
(K) The offender was in possession of controlled substances in
an amount greater than:
(i) Three grams or more of a mixture or substance containing a
detectable amount of heroin;
(ii) Eight grams or more of a mixture or substance containing a
detectable amount of cocaine;
(iii) Eight grams or more of a mixture or substance containing
a detectable amount of methamphetamine;
(iv) Eight grams or more of a mixture or substance containing a
detectable amount of hashish;
{ - (v) One hundred ten grams or more of a mixture or
substance containing a detectable amount of marijuana; - }
{ - (vi) - } { + (v) + } Twenty or more user units of a
mixture or substance containing a detectable amount of lysergic
acid diethylamide;
{ - (vii) - } { + (vi) + } Ten grams or more of a mixture
or substance containing a detectable amount of psilocybin or
psilocin; or
{ - (viii) - } { + (vii) + } Four grams or more or 20 or
more pills, tablets or capsules of a mixture or substance
containing a detectable amount of:
(I) 3,4-methylenedioxyamphetamine;
(II) 3,4-methylenedioxymethamphetamine; or
(III) 3,4-methylenedioxy-N-ethylamphetamine.
(c) The violation constitutes a violation of ORS 475.848,
475.852, { - 475.858, 475.862, - } 475.868, 475.872, 475.878,
475.882, 475.888, 475.892 or 475.904.
(d) The violation constitutes manufacturing methamphetamine and
the manufacturing consists of:
(A) A chemical reaction involving one or more precursor
substances for the purpose of manufacturing methamphetamine; or
(B) Grinding, soaking or otherwise breaking down a precursor
substance for the purpose of manufacturing methamphetamine.
(e) The violation constitutes a violation of ORS 475.860 (4)(a)
or 475.906 (1) or (2).
(2) A violation of ORS 475.752 or 475.806 to 475.894 shall be
classified as crime category 6 of the sentencing guidelines grid
of the Oregon Criminal Justice Commission if:
(a) The violation constitutes delivery of heroin, cocaine,
methamphetamine or 3,4-methylenedioxyamphetamine,
3,4-methylenedioxymethamphetamine or
3,4-methylenedioxy-N-ethylamphetamine and is for consideration.
(b) The violation constitutes possession of:
(A) Five grams or more of a mixture or substance containing a
detectable amount of heroin;
(B) Ten grams or more of a mixture or substance containing a
detectable amount of cocaine;
(C) Ten grams or more of a mixture or substance containing a
detectable amount of methamphetamine;
(D) One hundred grams or more of a mixture or substance
containing a detectable amount of hashish;
{ - (E) One hundred fifty grams or more of a mixture or
substance containing a detectable amount of marijuana; - }
{ - (F) - } { + (E) + } Two hundred or more user units of a
mixture or substance containing a detectable amount of lysergic
acid diethylamide;
{ - (G) - } { + (F) + } Sixty grams or more of a mixture or
substance containing a detectable amount of psilocybin or
psilocin; or
{ - (H) - } { + (G) + } Five grams or more or 25 or more
pills, tablets or capsules of a mixture or substance containing a
detectable amount of:
(i) 3,4-methylenedioxyamphetamine;
(ii) 3,4-methylenedioxymethamphetamine; or
(iii) 3,4-methylenedioxy-N-ethylamphetamine.
{ + (3) A felony violation of ORS 475.856, 475.858, 475.860
(2), 475.862 or 475.864 shall be classified as:
(a) Crime category 4 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves the
possession, delivery or manufacture of less than one kilogram of
marijuana.
(b) Crime category 5 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves the
possession, delivery or manufacture of one kilogram or more of
marijuana and less than five kilograms of marijuana.
(c) Crime category 8 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves the
possession, delivery or manufacture of five kilograms or more of
marijuana and less than 20 kilograms of marijuana.
(d) Crime category 9 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves the
possession, delivery or manufacture of 20 kilograms or more of
marijuana and less than 50 kilograms of marijuana.
(e) Crime category 10 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves the
possession, delivery or manufacture of 50 kilograms or more of
marijuana. + }
{ - (3) - } { + (4) + } Any felony violation of ORS 475.752
or 475.806 to 475.894 not contained in subsection { - (1) or
(2) - } { + (1), (2) or (3) + } of this section shall be
classified as:
(a) Crime category 4 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves
delivery or manufacture of a controlled substance; or
(b) Crime category 1 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves
possession of a controlled substance.
{ - (4) - } { + (5) + } In order to prove a commercial drug
offense, the state shall plead in the accusatory instrument
sufficient factors of a commercial drug offense under
{ - subsections (1) and (2) - } { + subsection (1), (2) or
(3) + } of this section. The state has the burden of proving each
factor beyond a reasonable doubt.
{ - (5) - } { + (6) + } As used in this section, 'mixture
or substance ' means any mixture or substance, whether or not the
mixture or substance is in an ingestible or marketable form at
the time of the offense.
SECTION 10. ORS 811.182 is amended to read:
811.182. (1) A person commits the offense of criminal driving
while suspended or revoked if the person violates ORS 811.175 and
the suspension or revocation is one described in this section, or
if the hardship or probationary permit violated is based upon a
suspension or revocation described in subsection (3) or (4) of
this section.
(2) Affirmative defenses to the offense described in this
section are established under ORS 811.180.
(3) The offense described in this section, criminal driving
while suspended or revoked, is a Class B felony if the suspension
or revocation resulted from any degree of murder, manslaughter,
criminally negligent homicide or assault resulting from the
operation of a motor vehicle, if the suspension or revocation
resulted from aggravated vehicular homicide or aggravated driving
while suspended or revoked or if the revocation resulted from a
conviction for felony driving while under the influence of
intoxicants.
(4) The offense described in this section, criminal driving
while suspended or revoked, is a Class A misdemeanor if the
suspension or revocation is any of the following:
(a) A suspension under ORS 809.411 (2) resulting from
commission by the driver of any degree of recklessly endangering
another person, menacing or criminal mischief, resulting from the
operation of a motor vehicle.
(b) A revocation under ORS 809.409 (4) resulting from perjury
or the making of a false affidavit to the Department of
Transportation.
(c) A suspension under ORS 813.410 resulting from refusal to
take a test prescribed in ORS 813.100 or for taking a breath or
blood test the result of which discloses a blood alcohol content
of:
(A) 0.08 percent or more by weight if the person was not
driving a commercial motor vehicle;
(B) 0.04 percent or more by weight if the person was driving a
commercial motor vehicle; or
(C) Any amount if the person was under 21 years of age.
(d) A suspension of a commercial driver license under ORS
809.413 (1) resulting from failure to perform the duties of a
driver under ORS 811.700 while driving a commercial motor
vehicle.
(e) A suspension of a commercial driver license under ORS
809.413 (12) where the person's commercial driving privileges
have been suspended or revoked by the other jurisdiction for
failure of or refusal to take a chemical test to determine the
alcoholic content of the person's blood under a statute that is
substantially similar to ORS 813.100.
(f) A suspension of a commercial driver license under ORS
809.404.
(g) A revocation resulting from habitual offender status under
ORS 809.640.
(h) A suspension resulting from any crime punishable as a
felony with proof of a material element involving the operation
of a motor vehicle, other than a crime described in subsection
(3) of this section.
(i) A suspension for failure to perform the duties of a driver
under ORS 811.705.
(j) A suspension for reckless driving under ORS 811.140.
(k) A suspension for fleeing or attempting to elude a police
officer under ORS 811.540.
(L) A suspension or revocation resulting from misdemeanor
driving while under the influence of intoxicants under ORS
813.010.
(m) A suspension for use of a commercial motor vehicle in the
commission of a crime punishable as a felony.
(5) In addition to any other sentence that may be imposed, if a
person is convicted of the offense described in this section and
the underlying suspension resulted from driving while under the
influence of intoxicants, the court shall impose a minimum fine
of at least $1,000 if it is the person's first conviction for
criminal driving while suspended or revoked and a minimum fine of
at least $2,000 if it is the person's second or subsequent
conviction.
(6) The Oregon Criminal Justice Commission shall classify a
violation of this section that is a felony as crime category
{ - 6 - } { + 3 + } of the rules of the Oregon Criminal
Justice Commission.
{ +
PERIOD OF PROBATION OR POST-PRISON SUPERVISION + }
SECTION 11. { + (1) A person convicted of a felony who is
sentenced to probation under the rules of the Oregon Criminal
Justice Commission or who is released on post-prison supervision
is eligible for a reduction in the period of supervision for:
(a) Complying with the terms of supervision, including the
payment of restitution; and
(b) Participating in recidivism reduction programs.
(2) The maximum amount of time credits earned under this
section may not exceed ___ percent of the period of supervision
imposed.
(3) Time credits may not be used to shorten the period of
supervision to less than six months.
(4)(a) The State Board of Parole and Post-Prison Supervision
shall adopt rules to establish a process for granting, retracting
and restoring time credits earned under this section.
(b) The supervisory authority shall comply with the rules
adopted under this section. + }
SECTION 12. { + Section 11 of this 2013 Act applies only to
persons who are convicted of a crime committed on or after July
1, 2013, and who are sentenced to probation or released on
post-prison supervision. + }
SECTION 13. { + ORS 144.085 is repealed. + }
SECTION 14. { + (1) The repeal of ORS 144.085 by section 13 of
this 2013 Act becomes operative on July 1, 2013.
(2) Notwithstanding the repeal of ORS 144.085 by section 13 of
this 2013 Act, any person convicted of a crime committed before
July 1, 2013, continues to be governed by ORS 144.085 as in
effect immediately before July 1, 2013. + }
SECTION 15. ORS 144.087 is amended to read:
144.087. (1) As used in ORS 137.124 { - , 144.085 - } and
423.478 { + and section 11 of this 2013 Act + }, ORS chapter
144 and this section, ' supervisory authority' means the state or
local corrections agency or official designated in each county by
that county's board of county commissioners or county court to
operate corrections supervision services, custodial facilities or
both.
(2) Except as provided in ORS 137.124, 137.593 (2)(d) and
423.478, all terms of imprisonment or incarceration of 12 months
or less must be served at the direction of the supervisory
authority.
(3) Nothing in this section is intended to repeal ORS 169.320
to 169.360, or in any way affect the sheriff's authority, duties
and liabilities set forth in ORS 169.320 to 169.360.
{ +
CONDITIONS OF PROBATION + }
SECTION 16. ORS 137.540 is amended to read:
137.540. (1) The court may sentence the defendant to probation
subject to the following general conditions unless specifically
deleted by the court. The probationer shall:
(a) Pay supervision fees, fines, restitution or other fees
ordered by the court.
(b) Not use or possess controlled substances except pursuant to
a medical prescription.
(c) Submit to testing for controlled substance or alcohol use
if the probationer has a history of substance abuse or if there
is a reasonable suspicion that the probationer has illegally used
controlled substances.
(d) Participate in a substance abuse evaluation as directed by
the supervising officer and follow the recommendations of the
evaluator if there are reasonable grounds to believe there is a
history of substance abuse.
(e) Remain in the State of Oregon until written permission to
leave is granted by the Department of Corrections or a county
community corrections agency.
(f) If physically able, find and maintain gainful full-time
employment, approved schooling, or a full-time combination of
both. Any waiver of this requirement must be based on a finding
by the court stating the reasons for the waiver.
(g) Change neither employment nor residence without prior
permission from the Department of Corrections or a county
community corrections agency.
(h) Permit the parole and probation officer to visit the
probationer or the probationer's work site or residence and to
conduct a walk-through of the common areas and of the rooms in
the residence occupied by or under the control of the
probationer.
(i) Consent to the search of person, vehicle or premises upon
the request of a representative of the supervising officer if the
supervising officer has reasonable grounds to believe that
evidence of a violation will be found, and submit to
fingerprinting or photographing, or both, when requested by the
Department of Corrections or a county community corrections
agency for supervision purposes.
(j) Obey all laws, municipal, county, state and federal.
(k) Promptly and truthfully answer all reasonable inquiries by
the Department of Corrections or a county community corrections
agency.
(L) Not possess weapons, firearms or dangerous animals.
(m) If recommended by the supervising officer, successfully
complete a sex offender treatment program approved by the
supervising officer and submit to polygraph examinations at the
direction of the supervising officer if the probationer:
(A) Is under supervision for a sex offense under ORS 163.305 to
163.467;
(B) Was previously convicted of a sex offense under ORS 163.305
to 163.467; or
(C) Was previously convicted in another jurisdiction of an
offense that would constitute a sex offense under ORS 163.305 to
163.467 if committed in this state.
(n) Participate in a mental health evaluation as directed by
the supervising officer and follow the recommendation of the
evaluator.
(o) Report as required and abide by the direction of the
supervising officer.
(p) If required to report as a sex offender under ORS 181.596,
report with the Department of State Police, a city police
department, a county sheriff's office or the supervising agency:
(A) When supervision begins;
(B) Within 10 days of a change in residence;
(C) Once each year within 10 days of the probationer's date of
birth;
(D) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
(E) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.
(2) In addition to the general conditions, the court may impose
any special conditions of probation that are reasonably related
to the crime of conviction or the needs of the probationer for
the protection of the public or reformation of the probationer,
or both, including, but not limited to, that the probationer
shall:
(a) For crimes committed prior to November 1, 1989, and
misdemeanors committed on or after November 1, 1989, be confined
to the county jail or be restricted to the probationer's own
residence or to the premises thereof, or be subject to any
combination of such confinement and restriction, such confinement
or restriction or combination thereof to be for a period not to
exceed one year or one-half of the maximum period of confinement
that could be imposed for the offense for which the defendant is
convicted, whichever is the lesser.
(b) For felonies committed on or after November 1, 1989, be
confined in the county jail, or be subject to other custodial
sanctions under community supervision, or both, as provided by
rules of the Oregon Criminal Justice Commission.
(c) For crimes committed on or after December 5, 1996, sell any
assets of the probationer as specifically ordered by the court in
order to pay restitution.
(3) When a person who is a sex offender is released on
probation, the court shall impose as a special condition of
probation that the person not reside in any dwelling in which
another sex offender who is on probation, parole or post-prison
supervision resides, without the approval of the person's
supervising parole and probation officer, or in which more than
one other sex offender who is on probation, parole or post-prison
supervision resides, without the approval of the director of the
probation agency that is supervising the person or of the county
manager of the Department of Corrections, or a designee of the
director or manager. As soon as practicable, the supervising
parole and probation officer of a person subject to the
requirements of this subsection shall review the person's living
arrangement with the person's sex offender treatment provider to
ensure that the arrangement supports the goals of offender
rehabilitation and community safety. As used in this subsection:
(a) 'Dwelling' has the meaning given that term in ORS 469B.100.
(b) 'Dwelling' does not include a residential treatment
facility or a halfway house.
(c) 'Halfway house' means a publicly or privately operated
profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(d) 'Sex offender' has the meaning given that term in ORS
181.594.
(4)(a) If the person is released on probation following
conviction of a sex crime, as defined in ORS 181.594, or an
assault, as defined in ORS 163.175 or 163.185, and the victim was
under 18 years of age, the court, if requested by the victim,
shall include as a special condition of the person's probation
that the person not reside within three miles of the victim
unless:
(A) The victim resides in a county having a population of less
than 130,000 and the person is required to reside in that county;
(B) The person demonstrates to the court by a preponderance of
the evidence that no mental intimidation or pressure was brought
to bear during the commission of the crime;
(C) The person demonstrates to the court by a preponderance of
the evidence that imposition of the condition will deprive the
person of a residence that would be materially significant in
aiding in the rehabilitation of the person or in the success of
the probation; or
(D) The person resides in a halfway house. As used in this
subparagraph, 'halfway house' means a publicly or privately
operated profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(b) A victim may request imposition of the special condition of
probation described in this subsection at the time of sentencing
in person or through the prosecuting attorney.
(c) If the court imposes the special condition of probation
described in this subsection and if at any time during the period
of probation the victim moves to within three miles of the
probationer's residence, the court may not require the
probationer to change the probationer's residence in order to
comply with the special condition of probation.
(5) When a person who is a sex offender, as defined in ORS
181.594, is released on probation, the Department of Corrections
or the county community corrections agency, whichever is
appropriate, shall notify the city police department, if the
person is going to reside within a city, and the county sheriff's
office of the county in which the person is going to reside of
the person's release and the conditions of the person's release.
(6) Failure to abide by all general and special conditions
imposed by the court and supervised by the Department of
Corrections or a county community corrections agency may result
in arrest, modification of conditions, revocation of probation or
imposition of structured, intermediate sanctions in accordance
with rules adopted under ORS 137.595.
(7) The court may order that probation be supervised by the
court. If the court orders that probation be supervised by the
court, the defendant shall pay a fee of $100 to the court. Fees
imposed under this subsection in the circuit court shall be
deposited by the clerk of the court in the General Fund. Fees
imposed in a justice court under this subsection shall be paid to
the county treasurer. Fees imposed in a municipal court under
this subsection shall be paid to the city treasurer.
(8) The court may at any time modify the conditions of
probation.
{ + (9) Notwithstanding the court's authority to impose and
modify the conditions of probation, the parole and probation
officer, as defined in ORS 181.610, may modify the conditions of
probation at any time during the term of probation, including
adding new conditions or deleting conditions imposed by the court
at the time of sentencing. Any modification of the conditions of
probation by the parole and probation officer must be based on
the results of an evidence-based risk and needs assessment.
(10) A court may not find a violation of the conditions of
probation imposed by the court, either at the time of sentencing
or added at a later time, if the parole and probation officer
modified the conditions of probation and the probationer was in
compliance with the parole and probation officer's
conditions. + }
{ - (9) - } { + (11) + } A court may not order revocation
of probation as a result of the probationer's failure to pay
restitution unless the court determines from the totality of the
circumstances that the purposes of the probation are not being
served.
{ - (10) - } { + (12) + } It is not a cause for revocation
of probation that the probationer failed to apply for or accept
employment at any workplace where there is a labor dispute in
progress. As used in this subsection, 'labor dispute' has the
meaning for that term provided in ORS 662.010.
{ - (11) - } { + (13) + } If the court determines that a
defendant has violated the terms of probation, the court shall
collect a $25 fee from the defendant. The fee becomes part of the
judgment and may be collected in the same manner as a fine. Fees
collected under this subsection in the circuit court shall be
deposited by the clerk of the court in the General Fund. Fees
collected in a justice court under this subsection shall be paid
to the county treasurer. Fees collected in a municipal court
under this subsection shall be paid to the city treasurer.
{ - (12) - } { + (14) + } As used in this section,
'attends, ' ' institution of higher education,' 'works' and
'carries on a vocation' have the meanings given those terms in
ORS 181.594.
SECTION 17. ORS 137.630 is amended to read:
137.630. (1) The duties of parole and probation officers
appointed pursuant to ORS 137.590 or 423.500 to 423.560 are:
(a) To make investigations and reports under ORS 137.530 as are
required by the judge of any court having jurisdiction within the
county, city or judicial district for which the officer is
appointed to serve.
(b) To receive under supervision any person sentenced to
probation by any court in the jurisdiction area for which the
officers are appointed to serve.
(c) To provide release assistance, and supervise any person
placed in a diversion, work release or community services
alternative program, by any court in the jurisdiction area for
which the officers are appointed to serve.
(d) To give each person under their supervision a statement of
the conditions of probation or program participation and to
instruct the person regarding the conditions.
{ + (e) To perform an evidence-based risk and needs
assessment on each person under their supervision and, if
necessary, modify the conditions of probation to address the
results of the assessment, including adding new conditions and
deleting conditions imposed by the court at the time of
sentencing. + }
{ - (e) - } { + (f) + } To keep informed concerning the
conduct and condition of persons under their supervision by
visiting, requiring reports and otherwise.
{ - (f) - } { + (g) + } To use all suitable methods, not
inconsistent with the condition of probation or program
participation, to aid and encourage persons under their
supervision and to effect improvement in their conduct and
condition.
{ - (g) - } { + (h) + } To keep detailed records of the
work done and to make reports to the courts and to the Department
of Corrections as the courts require.
{ - (h) - } { + (i) + } To perform other duties not
inconsistent with the normal and customary functions of parole
and probation officers as may be required by any court in the
jurisdiction area for which the officers are appointed to serve.
(2) Parole and probation officers of the Department of
Corrections have duties as specified by rule adopted by the
Director of the Department of Corrections.
(3) Notwithstanding subsection (2) of this section, parole and
probation officers may not be required to collect from persons
under their supervision any fees to offset the costs of
supervising the probation, including but not limited to those
ordered pursuant to ORS 137.540 or 423.570.
{ +
RECIDIVISM + }
SECTION 18. { + (1) As used in this section, 'rate of
recidivism' means:
(a) The rate of rearrest within a three-year period following a
person's release from incarceration, whether or not the arrest
leads to new charges, convictions or further incarceration;
(b) The rate of reconviction of any crime within a three-year
period following a person's release from incarceration; and
(c) The rate of reincarceration, either within a local or
county correctional facility or recommitment to the legal and
physical custody of the Department of Corrections.
(2) At least once a year every supervisory authority, as
defined in ORS 144.087, shall issue a report to the Oregon
Criminal Justice Commission concerning persons released from the
legal and physical custody of the Department of Corrections under
the supervision of the supervisory authority. The report shall:
(a) Include an evaluation of recidivism using the definition in
subsection (1) of this section; and
(b) Whenever possible, describe the rate of recidivism for each
of the following classifications of persons:
(A) Persons who present a high risk of reoffending;
(B) Persons who present a medium risk of reoffending; and
(C) Persons who present a low risk of reoffending.
(3) For purposes of the classifications described in subsection
(2)(b) of this section, the supervisory authority shall use a
risk assessment tool developed by the Oregon Criminal Justice
Commission. + }
{ +
CORRECTIONS POPULATION FORECASTS + }
SECTION 19. ORS 184.351 is amended to read:
184.351. (1) The Oregon Department of Administrative Services
shall issue state corrections population forecasts including, but
not limited to, expected populations of prisons and jails and
community corrections caseloads, to be used by:
(a) The Department of Corrections in preparing budget requests;
(b) The Oregon Criminal Justice Commission in considering
amendments to sentencing guidelines; and
(c) Any other state agency concerned with the effect of
offender populations or policy developments on budgeting.
(2) The Oregon Department of Administrative Services shall
issue state corrections population forecasts on April 1 and
October 1 of each year.
{ + (3) Each state corrections population forecast shall
include:
(a) The margin of error of the forecast, if known; and
(b) Whenever possible, the causes and contributing factors of
any projected growth or decline in corrections population. + }
{ +
EVIDENCE-BASED PROGRAMS + }
SECTION 20. ORS 182.515, as amended by section 37, chapter 37,
Oregon Laws 2012, is amended to read:
182.515. As used in this section and ORS 182.525:
(1) 'Agency' means:
(a) The Department of Corrections;
(b) The Oregon Youth Authority;
(c) The Youth Development Council; and
(d) That part of the Oregon Health Authority that deals with
mental health and addiction issues.
(2) 'Cost effective' means that cost savings realized over a
reasonable period of time are greater than costs { + , as
determined by an analytic tool developed by the Oregon Criminal
Justice Commission + }.
(3) 'Evidence-based program' means a program that:
(a) Incorporates significant and relevant practices based on
scientifically based research; and
(b) Is cost effective.
(4)(a) 'Program' means a treatment or intervention program or
service that is intended to:
(A) Reduce the propensity of a person to commit crimes;
(B) Improve the mental health of a person with the result of
reducing the likelihood that the person will commit a crime or
need emergency mental health services; or
(C) Reduce the propensity of a person who is less than 18 years
of age to engage in antisocial behavior with the result of
reducing the likelihood that the person will become a juvenile
offender.
(b) 'Program' does not include:
(A) An educational program or service that an agency is
required to provide to meet educational requirements imposed by
state law; or
(B) A program that provides basic medical services.
(5) 'Scientifically based research' means research that obtains
reliable and valid knowledge by:
(a) Employing systematic, empirical methods that draw on
observation or experiment;
(b) Involving rigorous data analyses that are adequate to test
the stated hypotheses and justify the general conclusions drawn;
and
(c) Relying on measurements or observational methods that
provide reliable and valid data across evaluators and observers,
across multiple measurements and observations and across studies
by the same or different investigators.
SECTION 21. ORS 182.525 is amended to read:
182.525. (1) An agency as defined in ORS 182.515 shall spend at
least 75 percent of state moneys that the agency receives for
programs on evidence-based programs.
(2) The agency shall submit a biennial report containing:
(a) An assessment of each program on which the agency expends
funds, including but not limited to whether the program is an
evidence-based program;
(b) The percentage of state moneys the agency receives for
programs that is being expended on evidence-based programs;
(c) The percentage of federal and other moneys the agency
receives for programs that is being expended on evidence-based
programs; and
(d) A description of the efforts the agency is making to meet
the requirement of subsection (1) of this section.
(3) The agency shall submit the report required by subsection
(2) of this section no later than September 30 of each
even-numbered year to the interim legislative committee dealing
with judicial matters.
(4) If an agency, in any biennium, spends more than 25 percent
of the state moneys that the agency receives for programs on
programs that are not evidence based, the Legislative Assembly
shall consider the agency's failure to meet the requirement of
subsection (1) of this section in making appropriations to the
agency for the following biennium.
(5) The agency may adopt rules necessary to carry out the
provisions of this section, including but not limited to rules
defining a reasonable period of time for purposes of determining
cost effectiveness.
{ + (6) The Department of Corrections shall maintain a
registry of all programs used by the department for inmates in
Department of Corrections institutions and for former inmates of
those institutions. The registry shall identify the types of
programs, the number of inmates or former inmates participating
in the programs and the locations at which the programs operate.
The registry shall be made public on the website maintained by
the department.
(7) The Department of Corrections shall conduct random,
controlled trials of all programs identified in the registry
maintained under subsection (6) of this section to determine
whether the program continues to be effective in changing the
behavior of inmates and ensuring that former inmates have the
best chance of successful reentry into society and that
recidivism is reduced to the greatest extent possible. + }
{ +
FISCAL IMPACT STATEMENTS + }
SECTION 22. ORS 173.029 is amended to read:
173.029. (1) For any measure reported out of a committee of the
Legislative Assembly { + , + } the effect of which is to create a
new crime { - or - } { + , + } increase the period of
incarceration allowed or required for an existing crime { + or
otherwise modify sentencing or state corrections policies + },
the Legislative Fiscal Officer, with the aid of the Oregon
Department of Administrative Services, Legislative Revenue
Officer, state agencies and affected local governmental units,
shall prepare a fiscal impact statement describing the fiscal
impact that the measure would, if enacted, have on the state as
well as on local governmental units.
(2) In particular and to the extent practicable, the
Legislative Fiscal Officer shall determine and describe in the
statement the following:
(a) The fiscal impact on state and local law enforcement
agencies, including an estimate of the increase in anticipated
number of arrests annually;
(b) The fiscal impact on state and local courts, including an
estimate of the increase in the anticipated number of trials
annually;
(c) The fiscal impact on district attorney offices, including
an estimate of the increase in the anticipated number of
prosecutions annually;
(d) The fiscal impact on public defense resources, including an
estimate of the increase in the anticipated number of cases
annually; and
(e) The fiscal impact on state and local corrections resources,
including resources supporting parole and probation supervision,
and also including an estimate of the increase in the anticipated
number of bed-days to be used annually at both the state and
local level as a result of the passage of the measure.
{ + (3) The statement required under this section must
describe the fiscal impact the measure would have on the state as
well as on local governmental units for the 10-year period
immediately following the date on which the measure becomes
operative.
(4) In addition to the statement required under this section, a
state agency required to prepare and submit to the Legislative
Fiscal Officer fiscal impact information applicable to a measure
introduced before the Legislative Assembly, the effect of which
is to create a new crime, increase the period of incarceration
allowed or required for an existing crime or otherwise modify
sentencing or state corrections policies, shall describe the
fiscal impact the measure would have on the agency during the
10-year period immediately following the date on which the
measure becomes operative. + }
{ +
CAPTIONS + }
SECTION 23. { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
{ +
EMERGENCY CLAUSE + }
SECTION 24. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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